Carr v Empirical Works Pty Ltd

In *Carr v Empirical Works Pty Ltd*, the applicant, Mr Carr, alleged that he had been dismissed from his employment in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). Empirical Works Pty Ltd was the respondent employer. The proceedings were before Judge Nicholls in the Federal Court of Australia.

The court was required to determine two principal applications. First, Empirical Works sought leave to amend its Response and to file a cross-claim. Second, Mr Carr sought to strike out that proposed cross-claim. A key procedural issue was the sequence in which these applications should be considered.

Judge Nicholls determined that the application to strike out the cross-claim should be considered first. His Honour reasoned that if the cross-claim was to be struck out, there would be no need to consider the application to amend it. The principles applied concerned the court's power to manage its own proceedings and the proper approach to applications for strike out, which require the court to assume the truth of the material facts pleaded in the cross-claim and determine if, as a matter of law, it discloses a cause of action.

The court ordered that the application to strike out the cross-claim be heard and determined before the application for leave to amend the Response and file the cross-claim.